Our Team

Tim Gillibrand

Tim Gillibrand

Partner

416.679.2781 x 215
tgillibrand@sbalawyers.ca

Clerk: Leeann Lunter
519.279.0320 x 320
llunter@sbalawyers.ca

Assistant: Casandra Chan-James
416.679.2781 x 247
cchanjames@sbalawyers.ca

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Best Lawyers

Tim is the legal equivalent of a Swiss Army knife – a variety of solutions for any conundrum (except for a toothpick!). With the brain of an octopus and the personality of a dolphin, Tim prides himself on providing thorough advice as well as building productive relationships with both clients and adversaries.  

While Tim’s practice is broad, he primarily focuses on property claims, fraud, liability, insurance coverage, and subrogation. His breadth of experience includes construction, product liability, and agricultural claims. He also regularly conducts special investigations for insurers, including examinations under oath, on complex coverage issues where fraud or misrepresentation is in issue. He also has experience with injunctions.

Tim skillfully represents insurers in formal disputes and enjoys taking matters to a hearing, where appropriate. He has successfully represented clients in a wide range of hearings, including trials and private arbitrations as well as hearings before the Licence Appeal Tribunal (LAT) and Workplace Safety and Insurance Appeals Tribunal (WSIAT). Tim’s work often leads him into reviewing insurance policies to assist clients with coverage determinations. His involvement in property liability matters also requires sound knowledge of contracts, including obligations to insure, waivers of liability, and indemnity clauses. Tim has presented on many of these issues within the insurance industry.  

On the personal side of things, Tim shares a hometown with Neil Young, born and raised in the country outside Peterborough. While he stills rocks the Canadian tuxedo on special occasions, Tim has since traded his pick-up truck for a yuppy SUV and his calluses for “office hands” (as he’s formally known to his family).

Primary Practice Areas
  • Fraud and Misrepresentation
  • First Party Property
  • Subrogation
Professional Achievements and Leadership
  • Best Lawyers Ranking in Personal Injury Litigation (2022 to date)
Notable Matters
  • Laframboise v. Co-operators General Insurance Company, (Licence Appeal Tribunal), 2024 CanLII 106244
  • Hewitt v Halwell Mutual Insurance Company, (Licence Appeal Tribunal), 2024 CanLII 81218
  • David v Wawanesa Insurance, (Licence Appeal Tribunal), 2023 CanLII 107252
  • David v Wawanesa Insurance, (Licence Appeal Tribunal), 2023 CanLII 67890
  • El Naaj v Peel, (Superior Court of Justice) 2022 ONSC 4738
  • Pafco Insurance Co. v. The Wawanesa Mutual Insurance Co., 2022 ONSC 6325 (Appeal, Unreported)
  • Villi v. Camilleri, (Superior Court of Justice), 2022 ONSC 4561
  • Tsiofa v Wawanesa Mutual Insurance Company, (Licence Appeal Tribunal), 2021 CanLII 82590
  • Bharat v. Wawanesa Mutual Insurance Company, (Licence Appeal Tribunal), 2021 CanLII 50778
  • SCD v. ULM (Private Arbitration, Commercial Dispute), 2021
  • Allstate Insurance Company of Canada v. The Wawanesa Mutual Insurance Company, (Superior Court of Justice), 2020 ONSC 6275
  • Decision No. 426/19, (WSIAT), 2019 ONWSIAT 638
  • 17-000565 v Wawanesa Insurance Company, (Licence Appeal Tribunal Reconsideration), 2019 CanLII 22222
  • 17-009204 v VS, (Licence Appeal Tribunal), 2019 CanLII 72218
  • Wawanesa v. Allstate, (Private Arbitration, Priority Dispute) 2018
  • Pafco Insurance Co. v. The Wawanesa Mutual Insurance Co., (Private Arbitration, Priority Dispute) 2018; (Superior Court of Justice), 2022 ONSC 6325
  • Aviva v. Pafco, et al. (Private Arbitration, Priority Dispute) 2018
  • The Dominion of Canada General Insurance Company v. State Farm Mutual Automobile Insurance Company, (Court of Appeal), 2018 ONCA 101
  • 17-000565 v Wawanesa, (Licence Appeal Tribunal), 2018 CanLII 13146
  • State Farm Mutual Automobile Insurance Company v Belair Insurance Company, (Superior Court of Justice), 2017 ONSC 3281
  • Travelers v. CAA, (Superior Court of Justice), 2017 (Unreported)
  • 17-002337/AABS v Wawanesa Mutual Insurance Company, (Licence Appeal Tribunal), 2017 CanLII 99137
  • 17-002337/AABS v Wawanesa Mutual Insurance Company, (Licence Appeal Tribunal), 2017 CanLII 99137
  • 17-000751 v Economical Mutual Insurance Company, (Licence Appeal Tribunal), 2018 CanLII 81896
  • 16-003333 v Wawanesa Mutual Insurance Company, (Licence Appeal Tribunal), 2017 CanLII 59508
  • Decision No. 389/17, (Workplace Safety and Insurance Appeals Tribunal), 2017 ONWSIAT 1695
  • Economical v. BI&I, (Private Arbitration, Coverage Dispute), 2015
  • Wawanesa v. Northbridge, (Private Arbitration, Priority Dispute) 2015
  • Burke v. Water Doctor, (Superior Court of Justice, Small Claims Court Trial) 2014 (Unreported)
  • Caserta v. Economical, (Superior Court of Justice, Small Claims Court Trial) 2014 (Unreported)
  • Kaczmarek v. Landmark Windows, (Superior Court of Justice, Small Claims Court Trial) 2014 (Unreported)
  • 8153426 Canada Inc. v. Acton, (Superior Court of Justice, Small Claims Court Trial) 2013 (Unreported)
  • LaQua v. Hydro One, (Superior Court of Justice, Small Claims Court Trial) 2013 (Unreported)
  • Canario v. Cabral, (Superior Court of Justice, Small Claims Court Trial) 2012 (Unreported)
  • Vickneswaramoorthy v. Eldridge, (Superior Court of Justice, Small Claims Court Trial) 2012 (Unreported)
Thought Leadership

Publications

  • Author, “Intent: Is it a State of Mind?”, Without Prejudice, OIAA, June 2023
  • Author, “You can’t handle the hoof!’: Ontario Court Weighs In on Liability for Domesticated Animals,” Law 360 Canada, September 7, 2021
  • Author, “Pardon the Interruption”, Blog, September 1, 2021
  • Author, “Slip and Fall or “Accident”? A Guide for SABS Insurers”, Industry Article, May 8, 2021
  • Author, “Don’t Spoil Your Subrogation Claim!”, Blog, October 11, 2019
  • Author, “Where there’s smoke (detectors), there’s cameras?”, Blog, October 4, 2019
  • Author, “Can I speak to the Manager?”, Blog, June 23, 2019
  • Author, “Waivers of Subrogation Reach New “Heights””, Blog, June 13, 2019
  • Author, “Walking a Fine Line – Bill of Lading Stomps Liability for Cargo Theft”, Blog, April 30, 2019
  • Author, “The Subrogator Strikes Back”, Blog, July 23, 2018
  • Author, “Dude, Where’s My Cargo?”, Blog, July 9, 2018
  • Author, “New Case: Priority Limitation Period Enforced”, Blog, February 2, 2018
  • Author, “Off the Hook: Responding Insurer is Not Tied to First Insurer’s Definition of “Accident”, Blog, November 16, 2016
  • Author, “Case Comment: Chen and State Farm”, Blog, June 20, 2016

Presentations

  • Speaker, “Fraud Claims and Effective Statements”, Seminar, April 21, 2023
  • Speaker, “Insurance Fraud and Misrepresentation”, Seminar, September 26 2023
  • Speaker, Best Practices for Property Claims Investigations, Seminar, June 11, 2023
  • Panelist, “Fraud and Special Investigations, Seminar, February. 3, 2023
  • Speaker, “Current Issues in Loss Transfer, Seminar, May 18, 2022
  • Speaker, “Evolving Definition of “Accident” Under the SABS”, Ontario Insurance Adjusters Association, March 31, 2022
  • Speaker, Condominium Liability Issues, Speaker, December 7, 2021
  • Speaker, “SABS Update: What is an “Accident””, Canadian Defence Lawyers, November 18, 2021
  • Speaker, “Uninsured, Underinsured and Unidentified Claims and OPCF44R Family Protection Coverage”, Ontario Mutual Insurance Association, November 18, 2021
  • Speaker, “Loss Transfer: What’s Payable?”, October 26, 2021
  • Speaker, “Case Law Update Regarding Liability Claims and Insurance Issues”, Insurance Institute, September 14, 2021
  • Speaker, “Water’s on but Nobody’s Home, Vacancy Exclusions in Residential Policies”, Webinar, August 26, 2021
  • Speaker, “Commercial Contracts, Waivers of Subrogation and Insurance Implications”, Insurance Institute, June 10, 2021
  • Speaker, “Quantifying Business Interruption Claims: Techniques and Trends”, Osgoode, March 24, 2021
  • Speaker, “Assessing Damages in CGL Claims”, Seminar, March 12, 2020
  • Speaker, “Fraud and Misrepresentation”, Ontario Insurance Adjusters Association (Niagara), October 30, 2019
  • Speaker, “Show Me the Money! Liability in Subrogation Claims”, Insurance Institute Burn & Learn, October 3, 2019
  • Speaker, “Subrogation and Common Liability Issues”, Seminar, June 22, 2018 
  • Speaker, “Ridesharing Coverage and Out-of-Province Claims”, Seminar, April 2018   
  • Speaker, “Coverage Issues in the Sharing Economy”, Ontario Mutual Insurance Association, March 27, 2018
  • Speaker, “Retaining and Managing Experts”, Subrogation: Organizational and Claims Management Strategies, Canadian Defence Lawyers, November 10, 2017
Professional Memberships
  • National Association of Subrogation Professionals
  • Canadian Association of Special Investigation Units
  • Ontario Insurance Adjusters Association
Bar Admissions & Education
  • Ontario Bar, 2012
  • JD, University of Ottawa, 2011
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